BILL NUMBER: AB 972	CHAPTERED  09/07/99

	CHAPTER   335
	FILED WITH SECRETARY OF STATE   SEPTEMBER 7, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 7, 1999
	PASSED THE ASSEMBLY   AUGUST 19, 1999
	PASSED THE SENATE   JULY 15, 1999
	AMENDED IN SENATE   JUNE 28, 1999

INTRODUCED BY   Assembly Member Ducheny

                        FEBRUARY 25, 1999

   An act to add Section 72114.2 to, to repeal Sections 26666 and
72114 of, and to repeal Article 25.5 (commencing with Section 74361)
of Chapter 10 of Title 8 of, the Government Code, relating to court
services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 972, Ducheny.  Court consolidation:  San Diego County Marshal's
Office.
   Existing law provides for the appointment of a marshal for San
Diego County and sets forth the powers and duties of that office.
Existing law also authorizes the consolidation of court-related
services in  San Diego County.
   This bill would repeal the above provisions and, instead, provide
that the marshal's office in San Diego County shall be abolished on
or after January 1, 2000, and all personnel of the abolished office
shall merge into a bureau maintained as a separate organizational
unit within the sheriff's department upon the adoption of a
resolution by the board of supervisors, as specified.  The bill would
also declare that it constitutes necessary special legislation
regarding San Diego County.  By imposing additional duties on the
sheriff's department, the bill would impose a state-mandated local
program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 26666 of the Government Code is repealed.
  SEC. 2.  Section 72114 of the Government Code is repealed.
  SEC. 3.  Section 72114.2 is added to the Government Code, to read:

   72114.2.  (a) Notwithstanding any other provision of law, on or
after January 1, 2000, the San Diego County Marshal's Office shall be
abolished, and there shall be a bureau in the San Diego County
Sheriff's Department under which court security services and the
service of civil and criminal process are consolidated.
   This bureau's primary function shall be to provide the management
with direction, supervision, and personnel for court-related services
which include court security, the service of civil and criminal
process, public safety protection, judicial protection, standards of
performance, and other matters incidental to the performance of those
services.
   The sheriff shall be appointing authority for all bureau
personnel.  The person selected by the sheriff to oversee the
operation of court-related services, as described in this section,
shall report directly to the sheriff.
   Notwithstanding Section 77212, the operational service level for
court security services shall be in accordance with agreements
between the court and the County of San Diego, which shall not
provide a lesser operational service level than may be required by
statute.
   The operational service level for the service of civil and
criminal process and for administrative services shall be in
accordance with agreements between the court and the County of San
Diego, which shall not provide a lesser operational service level
than may be required by statute.
   To ensure that the costs assessed to the court for bureau services
are in full conformance with the rules of court and statutes
concerning trial court funding, the bureau shall be maintained as a
separate organizational unit for budgeting and cost accounting
purposes.
   On a semiannual basis or more often as required by law, the
sheriff shall provide the court with an accounting of costs for the
bureau, in sufficient detail to allow for an assessment of budget
performance, separately, for each function of the bureau.  The county
auditor and controller shall provide to the court copies of each
audit report conducted on the bureau.  The court is authorized to
conduct, and the sheriff shall cooperate in, independent financial
audits of the bureau, either by court staff or by independent
auditors.
   (b) Notwithstanding any other provision of law, concomitant with
the abolition of the marshal's office all personnel of the marshal's
office shall become employees of the sheriff's department at their
existing or equivalent classification, salaries, and benefits.
   The marshal and the assistant marshal or their equivalents, may
become employees of the sheriff's department.
   (c) Permanent employees of the marshal's office on the effective
date of transfer of services from the marshal to the sheriff pursuant
to this section shall be deemed to be qualified, and no other
qualifications shall be required for employment or retention.
Promotions for all personnel from the marshal's office shall be made
pursuant to standards set by the sheriff.  Probationary employees in
the marshal's office on the effective date of the abolition shall not
be required to serve a new probationary period.  All probationary
time served as an employee of the marshal shall be credited toward
probationary time required as an employee of the sheriff's
department.
   (d) All county service and all service with the marshal's office
by employees of the marshal's office on the effective date of the
abolition of the marshal's office shall be counted toward seniority
in the sheriff's department.  All time spent in the same, equivalent,
or higher classification shall be counted toward classification
seniority.
   (e) As a result of the abolition of the marshal's office, no
employee of the marshal's office who becomes an employee of the
sheriff's department pursuant to this section shall lose peace
officer status or be reduced in rank or salary.
   (f) Prior to the abolition of the marshal's office, the court and
the County of San Diego shall enter into a contractual agreement
regarding the provision of court security services to be provided by
the sheriff.  Thereafter, from time to time, the court and the County
of San Diego may enter into agreements regarding the provision of
court security services to be provided by the sheriff.
   (g) After abolition of the marshal's office, a two-member
committee comprised of a representative of the presiding judge of the
superior court and a representative of the sheriff shall make
recommendations to the sheriff regarding courtroom assignments of
bailiffs.  Bailiff assignments and the release from those assignments
shall be made only after consultation with, and concurrence of, the
affected judge or judicial officer.  The presiding judge may provide
the concurrence required by this section.  This subdivision shall not
apply to actions instituted by the sheriff for fitness for duty
reasons or discipline that is subject to review by the San Diego
County Civil Service Commission.
   (h) For a period of five years following the abolition of the
marshal's office, personnel of the marshal's office who become
employees of the sheriff's department shall not be transferred from
the bureau in the sheriff's department under which court-related
services and the service of civil and criminal process are
consolidated, unless the transfer is voluntary or is the result of
fitness for duty reasons or discipline that is subject to review by
the San Diego County Civil Service Commission.
   (i) Personnel of the marshal's office who become employees of the
sheriff's department shall be entitled to request an assignment to
another bureau or division within the sheriff's department, and that
request shall be reviewed the same as any other request from within
the department.
   (j) This section shall become operative in the County of San Diego
when the board of supervisors adopts a resolution declaring this
section operative.  The implementation of this section shall be
subject to approval and adoption by the board of supervisors of
necessary actions, appropriations, and ordinances consistent with the
Charter of the County of San Diego and other statutory authority.
  SEC. 4.  Article 25.5 (commencing with Section 74361) of Chapter 10
of Title 8 of the Government Code is repealed.
  SEC. 5.  Due to unique facts and circumstances applicable to San
Diego County, the Legislature finds and declares that a general
statute cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution.  Special legislation is,
therefore, necessarily applicable to only San Diego County.
  SEC. 6.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
